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2026 DAILYLAW 24898 (JHR)

BISHESHWAR MAHTO v. THE STATE OF JHARKHAND

A.B.A./4098/2026 · 2026-09-02

Sanjay Kumar Dwivedi

body2026

Judgment text

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2026:JHHC:26509 --1-- A.B.A. No. 4098 of 2026 IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 4098 of 2026 ---- Bisheshwar Mahto, aged about 27 years, son of Bhagirath Mahto, resident of Busudih, Landupdih, PO – Landupdih, PS – Sonahatu, District – Ranchi, Jharkhand .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Pratik Sen, Advocate For the State :- Shree Prakash Jha, Advocate ---- 03/02.09.2026 Heard learned counsel appearing for the petitioner as well as the learned counsel appearing for the State. 2. The petitioner is apprehending his arrest in connection with Sonahatu P.S. Case No.44 of 2026 for the alleged offences registered under Sections 64(1) and 62 of Bharatiya Nyaya Sanhita, 2023 pending in the Court of learned J.M., Ranchi. 3. Learned counsel appearing for the petitioner submits that ingredients of Section 64(1) of Bharatiya Nyaya Sanhita, 2023 is not made out and in spite of that the said section has been inserted in the FIR. He further submits that the allegations are false and due to previous enmity the petitioner has been implicated in this case. On these grounds, he submits that anticipatory bail may kindly be granted. 4. Learned counsel appearing for the State opposes the prayer and submits that allegations are there of molestation and further 2026:JHHC:26509 --2-- A.B.A. No. 4098 of 2026 the witnesses have supported the case which has come in the case diary. 5. Considering that the allegations are there against the petitioner of molestation and in paragraph Nos.6, 7, 8 and 9 of the case diary the witnesses have supported the prosecution case and the particular section is made out or not that is the subject matter of investigation/trial, I am not inclined to grant privilege of anticipatory bail to the petitioner, hence, the prayer for anticipatory bail of the petitioner is hereby rejected. (Sanjay Kumar Dwivedi, J.) Dated 02.09.2026 Sangam/